“I have a Complaint!” Federal Court of Australia AIJA Annual Court Administrators’ Conference...
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Transcript of “I have a Complaint!” Federal Court of Australia AIJA Annual Court Administrators’ Conference...
![Page 1: “I have a Complaint!” Federal Court of Australia AIJA Annual Court Administrators’ Conference Adelaide, Friday 6 August 1999.](https://reader031.fdocuments.us/reader031/viewer/2022032723/56649cf85503460f949c999f/html5/thumbnails/1.jpg)
“I have a Complaint!”
Federal Court of Australia
AIJA Annual Court Administrators’ Conference
Adelaide, Friday 6 August 1999
![Page 2: “I have a Complaint!” Federal Court of Australia AIJA Annual Court Administrators’ Conference Adelaide, Friday 6 August 1999.](https://reader031.fdocuments.us/reader031/viewer/2022032723/56649cf85503460f949c999f/html5/thumbnails/2.jpg)
Structure of Presentation
• The Environment for Change
• Present position in the Federal Court of Australia
• Defining complaints, what should be recorded and responded to
• Warts and all!
![Page 3: “I have a Complaint!” Federal Court of Australia AIJA Annual Court Administrators’ Conference Adelaide, Friday 6 August 1999.](https://reader031.fdocuments.us/reader031/viewer/2022032723/56649cf85503460f949c999f/html5/thumbnails/3.jpg)
The Environment for Change
• Greater consumer expectations
• Business imperatives (that is, staying in business)
• The Federal Government’s service charter requirements (applicable to all Federal bodies)
• Need to be client focussed to maintain public trust and cconfidence in Courts
![Page 4: “I have a Complaint!” Federal Court of Australia AIJA Annual Court Administrators’ Conference Adelaide, Friday 6 August 1999.](https://reader031.fdocuments.us/reader031/viewer/2022032723/56649cf85503460f949c999f/html5/thumbnails/4.jpg)
Present Position in the Federal Court of Australia
• Long standing culture of courteousness, and politeness as well as national user consultation has avoided complaints
• Improvements can be made
• Very few complaints - Many spurious, but not recorded in any cohesive way
![Page 5: “I have a Complaint!” Federal Court of Australia AIJA Annual Court Administrators’ Conference Adelaide, Friday 6 August 1999.](https://reader031.fdocuments.us/reader031/viewer/2022032723/56649cf85503460f949c999f/html5/thumbnails/5.jpg)
![Page 6: “I have a Complaint!” Federal Court of Australia AIJA Annual Court Administrators’ Conference Adelaide, Friday 6 August 1999.](https://reader031.fdocuments.us/reader031/viewer/2022032723/56649cf85503460f949c999f/html5/thumbnails/6.jpg)
![Page 7: “I have a Complaint!” Federal Court of Australia AIJA Annual Court Administrators’ Conference Adelaide, Friday 6 August 1999.](https://reader031.fdocuments.us/reader031/viewer/2022032723/56649cf85503460f949c999f/html5/thumbnails/7.jpg)
![Page 8: “I have a Complaint!” Federal Court of Australia AIJA Annual Court Administrators’ Conference Adelaide, Friday 6 August 1999.](https://reader031.fdocuments.us/reader031/viewer/2022032723/56649cf85503460f949c999f/html5/thumbnails/8.jpg)
Present postion cont.
• No official complaints recording system
• Proposed complaint handling system developed and under consideration
• Proposed system linked to Service Charter
• Requirement for information about complaints to be included in future Annual Reports
![Page 9: “I have a Complaint!” Federal Court of Australia AIJA Annual Court Administrators’ Conference Adelaide, Friday 6 August 1999.](https://reader031.fdocuments.us/reader031/viewer/2022032723/56649cf85503460f949c999f/html5/thumbnails/9.jpg)
Present postion cont.
• Uncertainty about inclusion of and collection of complaints about the judiciary
• Although local responses are proposed, it is also proposed that there be a collection of complaints and suggestions, to enable pro-active changes as problems identified
• Security issues
![Page 10: “I have a Complaint!” Federal Court of Australia AIJA Annual Court Administrators’ Conference Adelaide, Friday 6 August 1999.](https://reader031.fdocuments.us/reader031/viewer/2022032723/56649cf85503460f949c999f/html5/thumbnails/10.jpg)
Present postion cont.• Complaints are made (very rarely) about the way
a judge has dealt with a case. These are dealt with by the Chief Justice. The judge concerned provides a response to the Chief Justice, and either the Chief Justice or the Registrar responds to the person complaining.
• Complaints about the result are dealt with by the usual appeal process.
• Reserve Judgments protocol
![Page 11: “I have a Complaint!” Federal Court of Australia AIJA Annual Court Administrators’ Conference Adelaide, Friday 6 August 1999.](https://reader031.fdocuments.us/reader031/viewer/2022032723/56649cf85503460f949c999f/html5/thumbnails/11.jpg)
Defining Complaints - What should be recorded and
responded to?
• Present proposal is that Registries record and therefore, respond to:
![Page 12: “I have a Complaint!” Federal Court of Australia AIJA Annual Court Administrators’ Conference Adelaide, Friday 6 August 1999.](https://reader031.fdocuments.us/reader031/viewer/2022032723/56649cf85503460f949c999f/html5/thumbnails/12.jpg)
Any complaints that are received either over the counter, by telephone, or in writing (including by e-mail) which raise a concern about the service standards included in the ‘charter’ eg.
• Courtesy• promptness • physical access
![Page 13: “I have a Complaint!” Federal Court of Australia AIJA Annual Court Administrators’ Conference Adelaide, Friday 6 August 1999.](https://reader031.fdocuments.us/reader031/viewer/2022032723/56649cf85503460f949c999f/html5/thumbnails/13.jpg)
Complaints about the Court’s processes which involve the Registry (not the judgment) including complaints about:
• the manner of setting hearing dates (eg delays or inconvenient timing)
• the overall time a case is taking
• complaints about decisions on the non-acceptance of documents for filing
• complaints about a particular procedure eg the system for determining costs
![Page 14: “I have a Complaint!” Federal Court of Australia AIJA Annual Court Administrators’ Conference Adelaide, Friday 6 August 1999.](https://reader031.fdocuments.us/reader031/viewer/2022032723/56649cf85503460f949c999f/html5/thumbnails/14.jpg)
any suggestions or compliments about the Court’s services in the
categories just mentioned
![Page 15: “I have a Complaint!” Federal Court of Australia AIJA Annual Court Administrators’ Conference Adelaide, Friday 6 August 1999.](https://reader031.fdocuments.us/reader031/viewer/2022032723/56649cf85503460f949c999f/html5/thumbnails/15.jpg)
Warts and All
• Existing culture produces an inherent avoidence of problems - problems (complaints) are seen as negative and not positive
• Difficulty in generating a need for change about complaints
• Difficulty in producing an environment that encourages a willingness to invite and deal with criticism
![Page 16: “I have a Complaint!” Federal Court of Australia AIJA Annual Court Administrators’ Conference Adelaide, Friday 6 August 1999.](https://reader031.fdocuments.us/reader031/viewer/2022032723/56649cf85503460f949c999f/html5/thumbnails/16.jpg)
Warts and All cont.
• Presumption that complaints mean that the organisation is not performing well (when it is, by quantitative performance criteria)
• Complaints are not seen as suggestions or supportive calls for improvement
![Page 17: “I have a Complaint!” Federal Court of Australia AIJA Annual Court Administrators’ Conference Adelaide, Friday 6 August 1999.](https://reader031.fdocuments.us/reader031/viewer/2022032723/56649cf85503460f949c999f/html5/thumbnails/17.jpg)
Warts and All cont.
• A special system for Complaints about the Judiciary?
• NSW has a system
• According to those that operate it, it works well
• there are other opinions
![Page 18: “I have a Complaint!” Federal Court of Australia AIJA Annual Court Administrators’ Conference Adelaide, Friday 6 August 1999.](https://reader031.fdocuments.us/reader031/viewer/2022032723/56649cf85503460f949c999f/html5/thumbnails/18.jpg)
Warts and All cont.
• There is a difficulty in separating complaints about usual practice and procedure and the individual practice of a judicial officer
• Seperating the Judiciary and Registries - is it possible?
![Page 19: “I have a Complaint!” Federal Court of Australia AIJA Annual Court Administrators’ Conference Adelaide, Friday 6 August 1999.](https://reader031.fdocuments.us/reader031/viewer/2022032723/56649cf85503460f949c999f/html5/thumbnails/19.jpg)
Warts and All cont.
• Complaints about judicial decisions appropriately excluded, but the exclusion is often not understood or accepted. Perhaps there is room for better explanations of the reasons for decision.